Maricopa Arizona Motion to Dismiss Counts of Indictment

State:
Multi-State
County:
Maricopa
Control #:
US-02616BG
Format:
Word; 
Rich Text
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Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:


" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.


The above is not an exhaustive list.

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FAQ

As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.

Judges do not generally have the authority to dismiss charges at an arraignment, and in practice, they normally do not. With that said, however, the prosecutor can dismiss charges at an arraignment, but only if there is a compelling reason to do.

Prosecutor. When prosecutors elect not to prosecute, they enter a: notation of nolle prosequi.

Dismissed to the grand jury, for example, doesn't mean your case is dropped and you can go on your merry way. The phrase means the prosecution is presenting its case in secret to a grand jury, which will decide if enough evidence exists to charge you with a crime, instead of using the preliminary hearing procedure.

An arraignment is held within ten days after the filing of an indictment or direct complaint, unless the defendant has not been arrested or has negotiated a plea agreement at the status conference. The arraignment hearing serves several purposes: The defendant is informed of the exact charge(s) against him/her.

A supervening indictment means that you won't have the benefit of a preliminary hearing. In a preliminary hearing a judge hears both sides and if probable cause is found the judge will rule that you must stand trial in Superior Court. If probable cause isn't met the charge will be dismissed.

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

A grand jury indictment is the formal charging instrument used by the U.S. Department of Justice to bring federal criminal charges against a defendant. Before federal prosecutors can bring an indictment, they must present their case to a grand jury.

Federal prosecutors use three main factors to determine whether to offer a cooperation plea agreement or a non-prosecution agreement: the value of a person's cooperation; an individual's relative culpability and criminal history; and. the importance of the case.

The grand jury, comprising 16 jurors, determines whether probable cause exists based on evidence presented by the prosecutor. Grand juror proceedings are secret and their actions become public only through the indictment, if one is granted.

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Maricopa Arizona Motion to Dismiss Counts of Indictment